what is tps?
Temporary Protected Status (TPS) is a temporary status available to foreign nationals who are seeking refuge due to an ongoing armed conflict, extraordinary natural disaster, an epidemic, or other extraordinary temporary conditions in their home country. The Secretary of Homeland Security must designate a foreign country for TPS due to the conditions in that country. (See the list of TPS-designated countries here.)
Status is granted for periods of 6 to 18 months. TPS beneficiaries who are found preliminarily eligible for TPS upon review of their cases are not removable from the U.S., can obtain an employment authorization document (EAD), and may be granted travel authorization.
TPS is a temporary benefit that does not lead to lawful permanent resident status. Nor does it confer any other immigration status.
To be eligible for TPS, you must:
- Be a national of a country designated for TPS or a person without nationality who last habitually resided in the designated country;
- File during the open initial registration or re-registration period or meet the requirements for late initial filing during any extension of your country’s TPS designation;
- Have been continuously physically present (CPP) in the United States since the effective date of the most recent designation date of your country; and
- Have been continuously residing (CR) in the United States since the date specified for your country. The law allows an exception to the continuous physical presence and continuous residence requirements for brief, casual, and innocent departures from the United States. When you apply or re-register for TPS, you must inform the United States Citizenship and Immigration Services (USCIS) of all absences from the United States since the CPP and CR dates. USCIS will determine whether the exception applies in your case.
You may NOT be eligible for TPS or to maintain your existing TPS if you:
- Have been convicted of any felony or two or more misdemeanors committed in the United States;
- Are found inadmissible as an immigrant under applicable grounds in Immigration and Naturalization Act (INA) section 212(a), including non-waivable criminal and security-related grounds;
- Are subject to any of the mandatory bars to asylum. These include, but are not limited to, participating in the persecution of another individual or engaging in or inciting terrorist activity;
- Fail to meet the continuous physical presence and continuous residence in the United States requirements;
- Fail to meet initial or late initial TPS registration requirements; or
- If granted TPS, you fail to re-register for TPS, as required, without good cause.
How we can help
The above requirements must be met and proved with supporting evidence. The attorneys at Kayi & Wilkes will help you through the entire application process and will keep you updated on information important to maintaining your status.
Let our attorneys help secure your safety, your family, and your future. Contact us for a consultation.